United States v. Edgardo Boke, 449 F.2d 339 (9th Cir. 1971). · Go Syfert
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United States v. Edgardo Boke, 449 F.2d 339 (9th Cir. 1971). Cases Citing This Book View Copy Cite
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UNITED STATES of America, Plaintiff-Appellee,
v.
Edgardo BOKE, Defendant-Appellant
71-1354_1.
Court of Appeals for the Ninth Circuit.
Sep 29, 1971.
Published opinion
449 F.2d 339
1971 U.S. App. LEXIS 7842
T. Roger Duncan, Hollywood, Cal., for appellant., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Andrew R. Willing, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Ely, Hufstedler, Per Curiam, Wright.
Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: M.D. Florida (1) · E.D. Louisiana (1)
PER CURIAM:

Boke appeals from his conviction for heroin offenses, 21 U.S.C. § 174, 26 U.S.C. § 4705(a). We reject each of his contentions on appeal upon the following grounds: (1) We have examined the record and decided that the evidence was ample to sustain his conviction; (2) there was no error in refusing to instruct the jury that smuggling merchandise, 18 U.S.C. § 545, is a lesser offense included within the offense charged (Palmero v. United States (1st Cir. 1940) 112 F.2d 922); (3) there was no error in refusing to permit Boke to plead to a lesser offense when the Government refused to consent (United States v. Gray (9th Cir. 1971) 438 F.2d 1160; and (4) the record does not support the claim that Boke was prejudiced by prosecu-torial misconduct.

The judgment is affirmed.